Volume 59, No. 2 Eighth Judicial Circuit Bar Association, Inc. November 1999

Volume 59, No. 8 Eighth Judicial Circuit Bar Association, Inc. April 2000

Serving Alachua, Baker, Bradford, Gilchrist, Levy and Union Counties

Alachua County CourthouseTo Be or Not to Be

By Stephanie CasebeerCounties don’t build new

courthouses on a whim – onlyDisney World retains the fantasyimage of eternal perfection – so it’sno surprise that talk of a newcourthouse in Alachua County, whenthe current one is less than aquarter-century old, creates a

countywide controversy. Ask someone what sort ofcourthouse the county should build , an entirely new one oran annex, or what they think about renovating the currentcourthouse, and you will hear a resigned sigh or a polite“Thank you, but I cannot comment.”

What’s the big deal about a new building? One mightthink the construction of a new courthouse would fall intothe “How do we pay for it?” category. Wrong. Courthousesare special. They only come around once, maybe twice, in acentury. You aren’t supposed to outgrow a courthouse asquickly as Alachua County outgrew this one. But then,Alachua County has flourished far faster than anyone, leastof all the architects and city planners, expected. The loadedquestion remains: “What do we do now?”

Alternatives discussed have consisted of remodeling thecurrent courthouse to meet ADA standards and improve uponsecurity issues; building “half a courthouse” out by the countyjail or within downtown’s limits; and constructing a totally newcourthouse.

In a perfect world, most people prefer a new courthouse.Judges and lawyers illustrate their difficulties with tales ofdeath threats and children weaving between the legs ofshackled prisoners as they make their way down crowdedhallways. Despite these difficulties, money is not plentiful,and other options had to be examined. Enter the CourthouseLocation Steering Committee, formed just over a year agoexpressly to discuss possible locations for a courthouse.Members of the group, comprised of representatives ofseveral Alachua County and city groups, scoured Gainesvillefor an appropriate setting, looking at almost a dozen sites.

(continued on page 6)

Can you Define it?

gazumpingSee definition on page 10

President’s Messageby Frank Maloney

Spring has sprung,and it is an exciting timeof the year for upcomingBar activities. Our Marchmeeting of the Board ofDirectors was held at theLevy County Courthouse.Pan Zettler was ourgracious hostess.Thanks, Pan.

Edith Osman, Florida Bar President, was theMarch Luncheon Speaker at the Sovereign. Shehighlighted the Florida Bar’s future plans. Judge“Buzzy” Green had a blue ribbon panel ofmediators for the CLE. We heard “war stories”and creative mediation strategies to avoidimpasse.

On St. Patrick’s Day, the Guardian Ad Litemand the Bar Association had the annual luncheonat the Sovereign again. Everyone was dressed ingreen and Irish for the day.

Mark your calendar for May 6th. We are havinga family picnic at Kingsley Lake at CampBlanding’s Officers Club. The organizers (JudgeGreen, Phyllis Rosier and Mark Fraser) promisehot dogs and hamburgers and facilities will beavailable for launching watercraft. Children andgrandchildren are invited.

Plans are well underway for all the Law Weekactivities. Craig Hall is heading up the golftournament. Our members will be having lawschool for the public again, and going back to the5th graders with Constitutions. A very good wayto make our profession shine.

Page 2

The officers of the Eighth Judicial Circuit BarAssociation for the year 1999-2000 are:

President Elect Designate(President, 2001-2002)Bennett A. HutsonTel: (352) 331-3333Fax: (352) 332-7519

TreasurerScott D. KruegerTel: (352) 376-3090Fax: (352) 373-7347

SecretaryLauren RichardsonTel: (352) 376-4694Fax: (352) 371-7366LRichardson@clayton-johnston.com

DirectorsMary E. AdkinsTel: (352) 475-5546Fax: (352) 475-5968

Raymond F. BradyTel: (352) 378-6118Fax: (352) 378-8530

Brenda Lee ChamblissTel: (352) 377-1302Fax: (352) 377-1169dbelaw@dbe-law.com

Paul A. DonnellyTel: (352) 374-4001Fax: (352) 374-4046

Beverly GraperTel: (352) 331-8800Fax: (352) 331-6336ginstitute@ccgnv.net

Jill R. GreavesTel: (352) 376-4694Fax: (352) 371-7366

Phyllis M. RosierTel: (904) 964-4701Fax: (904) 964-4839

C. Richard Parker (“Rick”)Tel: (352) 338-7386Fax: (352) 955-2400rparker@ns1.co.alachua.fl.us

Laura J. VarelaTel: (352) 375-7700Fax: (352) 375-1080LJVgator@aol.com

E.A.W. “Pan” ZettlerTel: (352) 528-2225Fax: (352) 528-2226panzettler@aol.com

About This NewsletterThis newsletter is published monthly, except in July and

August, by:Eighth Judicial Circuit Bar Association, Inc.P.O. Box 127Gainesville, FL 32602-0127Phone: 380-0333 Fax: 380-9112

Any and all opinions expressed by the Editor, the President,other officers and members of the Eighth Judicial Circuit BarAssociation, and authors of articles are their own and do notnecessarily represent the views of the Association.

News, articles, announcements, advertisements andLetters to the Editor should be submitted to the Editor by Email,or on 3.5" diskettes labeled with your name. Also, please submita black and white photograph with your name written on theback. Diskettes and photographs will be returned. Files shouldbe saved in any version of WordPerfect, or ASCII.

Deadlines are the 15th of each month.

Samuel Hankin, Newsletter EditorKim Hasko, Managing Editor

305 NE 1st Street, Gainesville, FL 32601Tel: (352) 375-7100 Fax 352) 375-4634

samuel.hankin@hankinlaw.comkim.hasko@hankinlaw.com

www.hankinlaw.com

PresidentFrank E. Maloney, Jr.Tel: (904) 259-3155Fax: (904) 259-9729frankmaloney@compuserve.com

Immediate Past PresidentJohn M. StokesTel: (352) 338-8410Fax: (352) 338-8418uf1gator@aol.com

President Elect(President, 2000-2001)Jennifer Cates LesterTel: (352) 331-3333Fax: (352) 332-7519

Executive DirectorKathy JanousTel: (352) 380-0333Fax: (352) 380-9112

Nominees Sought ForJames L. TomlinsonProfessionalism Award

Nominations are being sought for the recipient of the2000 James L. Tomlinson Professionalism Award. Theaward will be given to an Eighth Judicial Circuit lawyer whohas demonstrated consistent dedication to the pursuit andpractice of the highest ideals and tenets of the legalprofession. The nominee must be a member in goodstanding of The Florida Bar who resides or regularlypractices law within this Circuit. If you wish to nominatesomeone, please complete a nomination form describingthe nominee’s qualifications and achievements and submitit to Raymond F. Brady, Esquire, 1216 N.W. 8th Avenue,Gainesville FL 32601. Nominations must be received inMr. Brady’s office by May 26, 2000 in order to be considered.The award recipient will be selected by a committeecomprised of leaders in the local voluntary bar associationsand practice sections.

James L. Tomlinson Professionalism AwardNomination Form

Name of Nominee:____________________________

Nominee’s Business Address:________________________________________________

________________________________________________

________________________________________________

County in which Nominee resides:_____________________________________________

The above named nominee exemplifies the ideals andgoals of professionalism in the practice of law, reverencefor the law, and adherence to honor, integrity, andfairness, as follows (attach additional pages asnecessary):________________________________________________

________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

Name of Nominator:___________________________

Signature:______________________________________

Page 3April 2000

James C. Adkins, Jr. American Inn of Court

Application - American Inn of CourtDirectory Information:

by Judge Peter K. Sieg, PresidentThe James C. Adkins, Jr. Inn of Court

is a group of trial lawyers from all areasof practice, who meet monthly fromSeptember to May for fellowship and todiscuss various legal issues. Thepurpose of the meetings is to improve theskills, professionalism and legal ethics ofthe bench and bar. Both lawyers and

Judges are involved in the program. Meetings begin with asocial gathering at 6:00 p.m., followed by dinner.Immediately after dinner the responsible team presents aprogram which is generally worth 2 CLE credits.

An application for membership is enclosed in this

newsletter. If you do not receive an application, pleasecontact Lynn Schackow at 371-3000 to obtain one. Submitcompleted application and current resume to:

James C. Adkins Jr. American Inn of CourtC/O Judge Peter K. Sieg, PresidentAlachua County Courthouse201 E. University Avenue, Room 202Gainesville, FL 32601(352) 378-6118

Applications are due by June 1, 2000. Please beadvised Inn membership is limited to 65. Upon acceptance,the Treasurer will inform you of the annual dues amount.

Name: ______________________________

Business Address: ____________________________________________________________

Business Phone: ______________________________

Home Address: ____________________________________________________________

Home Phone: ______________________________

E-Mail: ______________________________

Position Sought:_____ Associate (0 to 7 years since law

school graduation)_____ Barrister (8 years or more since law

school graduation)

EDUCATIONJ.D. obtained at: ______________________________Year: ______________________________

BA/BS obtained at: ______________________________Year: ______________________________

Masters/other degree:_____________________________Year: ______________________________

BAR AND COURT ADMISSIONSFlorida Bar (date admitted):_________________________Other Bar admission:______________________________Court admission: ______________________________:location and year: ______________________________

CURRENT EMPLOYMENTPosition: ______________________________Firm/Employer: ______________________________Describe current job responsibilities:

_______________________________________________________________________________________________________________________________________

Describe type of Litigation:_____________________________________________________________________

LEADERSHIP POSITIONS AND EXPERIENCEList other organizations to which you have belonged andleadership positions held: _____________________________________________________________________

Other significant experience:_____________________________________________________________________

Sponsor Comments (if no sponsor, leave blank,sponsorship is not required for Inn membership)____________________________________________________________________________________________

Sponsor’s signature (if any):______________________________________________

Applicant’s signature:______________________________________________

Submit completed application and current resume to:

James C. Adkins Jr. American Inn of CourtC/O Judge Peter K. Sieg, PresidentAlachua County Courthouse201 E. University Avenue, Room 202Gainesville, FL 32601

Applications are due by June 1, 2000. Please be advisedInn membership is limited to 65. Upon acceptance, theTreasurer will inform you of the annual dues amount.

Page 4

by Lauren RichardsonMembers in Attendance: Frank

Maloney, Jennifer Lester, Ben Hutson,Scott Krueger, Mary Adkins, Ray Brady,Brenda Chambliss, Beverly Graper, JillGreaves, Rick Parker, Phyllis Rosier,Laura Varela, and Pan Zettler. Guests:Kathy Janous, Marcie Lockhart, DerylHunt, and Cary Sellers.

The meeting was called to order by Frank Maloney at5:35 p.m. at the Steak and Ale on Archer Road inGainesville, Florida. Several committee chairpeople inattendance were introduced.

The minutes of the January 4, 2000 Board of Director’smeeting were approved.

Cary Sellers reported on plans for “Law Week.” LauraVarela will be hosting the Law Fair at Oaks Mall on Sunday,May 21, from noon til 4. Bruce Brashear will be givingtalks on the U.S. Constitution at the high schools. CraigHall will be hosting the Golf Tournament. Mary Adkins andCary Sellers will host a Tennis Tournament, place and dateTBD. Courthouse tours will be arranged through DonnaConners. Cary is looking for a chair/host. Lectures will begiven on DUI by attorneys at Santa Fe CC (in theclassroom) as well as at some fraternity houses. Thesewill be done throughout the month of May.

Marcie Lockhart presented Three Rivers’ “2000Private Attorney Involvement Plan” requesting approvalby the Board. Nomination was made, and the topic wastabled until next meeting. Pro Bono Award recipients havebeen designated for the rest of the year.

Deryl Hunt reported on progress of selecting date andlocation for the Tech Fair. The Board recommended wehold the fair in September in conjunction with the first BarLuncheon. Dates to consider would be a “home game”weekend. Locations visited were the downtown library andSavannah Grande. Possibly try hosting “Lunch with aJudge” at this function.

Pan Zettler will organize the March Board of Director’smeeting. The Board will be meeting at the Bronson CountyCourthouse at 5:30 p.m. on March 7. Dinner, for thosewanting it, will be brought in. See Pan for menu selection.

EJCBA has a General Liability Insurance Policy. RayBrady sent a copy to all Board members before the meetingrequesting they each review it. Items that need to be addedare: Mid-year Retreat - alcohol may be served and it maybe held in a restaurant; Law Week Tennis Tournament;Law Clerk Workshop; Holidays in January may be atvarious places since the Fun Factory closed; CampBlanding Social.

The By-laws Committee reviewed suggested changesto the by-laws. The proposed changes were handed out.Ray Brady reported that the By-Laws Committee did not

support the proposed change to Article X, ExecutiveDirector, Section 4. Terminations/Resignation of theExecutive Director. Because this proposal died incommittee, it was not brought to a vote. It was discussedthat the proposed change to Article V, Committees, Section3, Executive Committee was not needed without theadoption of the proposed change to Article X.

Ray Brady reported that a Medical/Legal committeehas been created at the request of the medical society.This committee consists of 8 attorneys and 10 physicians(Shands heavily represented). The goal is to createstandard guidelines for the circuit. The process is thatthe physicians present their recommendations. Theattorneys then review and negotiate. After the group hascome to a consensus, the EJCBA Board would approveor disapprove. The committee also plans to establish agrievance committee similar to the Bench/Bar Committee.

Ray Brady reported that the Professionalism Seminarwould be organized the same as last year’s. Stan Morriswill be the keynote speaker. The seminar will be held March31st from 1 to 5. Ray requested $300 “seed” money (mailout, etc.). Kathy will work with Ray to get notices mailed.

Regarding the Tomlinson Award, the Board agreedthat the professionalism committee (with the inclusion oflast year’s recipient) would be responsible for selecting anominee for the Tomlinson Award.

Kathy Janous, Interim Executive Director, reported onseveral items: Kathy requested review of policies/procedures/guidelines. Jennifer Lester and Kathy Janouswill work on cleaning up policies. Kathy handed out copiesof current policies. Kathy requested policy on selling orgiving directories to non-members. A motion was madethat directories could not be sold to non-members forsolicitation purposes or outside the legal profession.Seconded. Approved. Kathy reported that the newdirectory is in the final stages and is working to get themback from the printer in time to distribute at the Februaryluncheon. Kathy reported reviewing membership andfound several who had not renewed their membership thisyear. She has created a card to send these people as areminder to pay their dues. Kathy reported that PaulDonnelly had sent her the “revised” contract for MembersOnly Association. She, in turn, sent the revised contractto Christopher Kunkle for Members Only review andapproval. A request was received from the Florida BarFoundation for a nominee of the Medal of Honor Award.It was decided that no one from this circuit would benominated due to the strict guidelines.

Ben Hutson reported on the Law Clerk Workshop.This workshop will be a panel format, held in BaileyCourtroom, on March 21st. There will be no charge to

(continued on page 12)

Minutes of the EJCBA Board MeetingFebruary 1, 2000

Page 5April 2000

Celebrate Law WeekEighth Judicial Circuit Golf Challenge

Where: Meadowbrook Golf Club

When: Friday, May 5, 2000. Lunch at noon.Shotgun start at 1:00 p.m.

Format: Two person scramble*(Limited to first twenty-four teams to enter)

Prizes: Top 3 teams (gross and net)

Plus: Hole prizes and post tourney putting contest

Cost: $80.00 per team.Includes: Pre-tourney lunch (at course)green fees, Cart, prizes and trophies,on-course Refreshments.

Celebrate law week with a great afternoon of golf atMeadowbrook Golf Club, 3200 N.W. 98th Street, Gainesville,Florida. Select your partner and sign up today!

* At Least One Member Of Team Must Be Member InGood Standing Of Eighth Judicial Bar Association.Spikeless Golf Shoes Required.

Golf Challenge Entry Blank

TEAM #1 Handicap

(A)________________________________( )

(B)________________________________( )

TEAM #2

(A)________________________________( )

(B)________________________________( )

State attorney Rod Smith has promised a full andrigorous investigation of any “sandbagging” onhandicap.

Make Checks Payable To:Hall & Hall, P.A., Trust Account

MAIL TO: Craig F. HallPost Office Box 2188Gainesville, Florida 32602

Law Week 2000

The theme for Law Week 2000 is “Celebrate YourFreedom: Speak Up For Democracy, Speak Up forDiversity.” Law Day is the biggest single public relationsproject conducted by the legal profession. It is observedthroughout the nation each year on May 1, by jointresolution of Congress and Presidential Proclamation.Law Day is sponsored by the American Bar Associationin cooperation with nearly 2,000 state and voluntary barassociations, community, military and judicial groups.

Florida Governor Lawton Chiles signed a billestablishing an official Law Day and designated Law Weekduring a ceremony on April 27, 1998. The law, adoptedafter years of being recommended by The Florida Bar,charges the Supreme Court with designating the themeof Law Week. Section 683.22, Florida Statues.

The Eighth Judicial Circuit Bar Association’s LawWeek projects will be held throughout the week of May15th. The following projects and dates have beenconfirmed:

Constitutions in the Schools - May 15 -19, 2000. Bruce Brashear has once againagreed to chair this project. Volunteerswill speak to area students about theconstitution throughout the week. If youwould like to volunteer please call Bruceat (352) 336-0800.

Courthouse Tours - May 18 - from 3:00to 4:00 p.m.- There will be a 30 personlimit. Encourage someone you know tolearn more about our courthouse andlegal system by signing up with MarilynO’Neal at (352) 374-3648.

Golf Tournament - Friday May 5, 2000. -(Craig Hall, Chair 375-2290) - This year’stournament will be held at MeadowbrookGolf Course.

Law Fair - Sunday, May 21, 2000 - (LauraVarela, Chair 375-7700) The Law Fair willbe held at the Oaks Mall from 12:00 - 4:00p.m. Exhibitors from the courthouse,Three Rivers Legal Services and otherlaw related organizations will be availableto provide information to the public. Inaddition, Teen Court will hold two livetrials.

We are trying to coordinate other projects for the monthof May in recognition of Law Week. We will keep youinformed. If you have any questions or suggestions for LawWeek 2000, please call Cary Sellers at (352) 376-4694.

Page 6

City Commissioner John Barrow held a position on thecommittee for about nine months, and at the time, he says,it was discussing two options – building a new courthouseor adding on to the existing structure. An annex was neverdiscussed.

Barrow joined the committee before he became acommissioner. A former professor, Wayne Drummond, thedean of the College of Architecture at the University of Floridaand chairperson of the steering committee, asked him tojoin because of his background in design and architecture.Barrow emphasized that his main concern was to keep thecourthouse downtown while embracing good urban design,which included buildings close to the street and pedestrian-friendly, not glass-and-concrete behemoths surrounded byparking lots.

“I didn’t think it was totally out of the question” to remodelthe courthouse, Barrow says. Plans torenovate were rejected due to the noisefactor and the need for extensiveimprovements required to bring it up tocode. Barrow seems to disagree with thatassumption. “Having lived in a big city (NewYork) where they commonly add on to notjust the big buildings but skyscrapers,” hesays, “there’s always construction going on,and those facilities are being used at thesame time. There are ways to deal with allthat. . .You can work through those issues.”

While on the committee, Barrow saidthey never considered an annex. So afterrejecting several options because of theirlack of amenities -- such as parking -- ortheir size, the committee settled on twolocations with the intention of establishinga brand-new courthouse on the land: thespace occupied by the CountyAdministration building, Barrow’s preferredlocale (although he admits to being biasedbecause a concept for the area was designed by Jay Reeves,an architect Barrow worked with); or six city blocks on SouthMain Street.

Barrow believes building a brand-new courthouse onsuch an expanse of land defeats recent efforts to revitalizeGainesville’s downtown. “Six full square city blocks and allthe streets in between them is quite a bit of area. It seemslike what we might very well end up with is the kind of thingthat I was avoiding altogether, which is a building surroundedby parking lots.”

During the course of choosing a site, the committee alsodiscussed the expenditures. An entirely new building(200,000 square feet) would run $35 million, not includingthe cost of obtaining the land and building additional parking.Barrow estimates that the six city blocks could run $2 million,while a parking garage, contributed by the city and intendedfor both court officials and the public, could cost about $4.5

million. On the other hand, modernizing the existingcourthouse would cost about $17 million to increase thesquare footage, alleviate security difficulties and update thebuilding to current standards.

Unfortunately, the plans of the steering committee hit aroadblock. The county commission capped the amount ofmoney spent for the courthouse at $24 million, effectivelyerasing plans for a completely new building. At this point,the county and city were left with little but to construct half acourthouse, like it or not.

Barrow says this means looking at the same issuesagain, which can be frustrating. ”There has never been aclear direction on what’s going to be built or where. . .No onehas said ‘Here’s how much money we have to deal with;what’s the best strategy?’”

Barrow believes it would be “nice to do the whole nineyards” and build the whole courthouse atonce. “Ultimately it will cost less,” he says,and it would be far more efficient. But he,along with the other members of the citycommission – sitting as the CommunityRedevelopment Agency – voted 5-0 infavor of erecting the proposed annex on theSouth Main property. Barrow says “we don’thave the money. . .we cannot afford a newbuilding without help.”

Amid the controversy that hasenveloped the courthouse, the annex is themost easily achieved. Barrow puts apositive spin on the idea, saying “a criminalannex would remove security issues,” andbuilding on this site not only keeps thecourthouse downtown, it could conceivablyaid in redeveloping the less-than-attractivearea behind the proposed location on SouthMain. In fact, Barrow says, now that thecounty is focusing on an annex, “I think there

are probably better sites than even the twothat have been talked about most recently for a court annex.”One is the aforementioned, grassy area next to the CountyAdministration building; the second is the site across fromHarry’s, recommended at one point by County CommissionerRobert Hutchinson.

Of course, no definite plans have been established.Judge Robert Cates, who issued an order demanding thecounty find a site by December 1, 1999, has extended hisdeadline, giving the county until 2004 to provide a newcourthouse, and a layperson gets the feeling the county willtake every day it can get.

After speaking to John Barrow and trying to keep theconvoluted flip-flopping straight, I asked several attorneystheir opinion of the courthouse brouhaha: did they want anannex, or did they prefer a new building? What aboutrevamping the current building? Many answered, a few didn’t(or wouldn’t). Here are some responses (including those of

Alachua County Courthouse (continued from page 1)

City Commissioner John Barrow

Page 7April 2000

the people reluctant to form an opinion):• Rick Parker, Public Defender of the Eighth Judicial

Circuit- “It sucks.” (Clearly stated.) Although he says thedecision is best made by the people paying the bills,Parker would, in a utopian world, build a new courthousehousing both civil and criminal divisions. The currentcourthouse, he says, has a number of critical problems,the main problem being the movement of inmates fromjail to the courthouse. Also, “the staging area isinhumane,” and the way inmates are moved in anelevator is “inappropriate.” Shortages of space meaninmates often cannot have confidential conversationswith their attorneys. Parker says he often is left with nooption but to stand in a corner with an inmate andwhisper. “The facility has been inadequate for manyyears,” Parker says. “This is not a new problem.”

• [I] “like it there; I do not want to have to go out to anannex.”- Lauren Varela, Attorney

• Leonard Grill, Director of Legal Services at Shands -“The present court was designed to be expanded,” hesays. “It should be expanded out toward the library,”giving the community eight new courtrooms. He addsthat closing 3rd Avenue in order to complete such anexpansion is “less offensive” than a new building. Secureand clear land for parking and build a new building later.”(Grill was happy to discuss the courthouse since I wasn’tcalling to harass him about his letter to the Editor in thelast edition of the newsletter.)

• “I don’t think there’s necessarily a problem building anew one.” - Michael Weiss. Although, he says, if thecriminal division is the main problem in the currentcourthouse, it “would’ve been better to build that separatebuilding right out there where the jail is.” The costconcerns Weiss; he says there needs to be a limit inorder to avoid what he calls the “Taj Mahal effect”reflected in buildings such as the library on UniversityAvenue.

• While Attorney Frank Maloney finds it “inappropriate” tocomment on the Alachua County Courthouse since herarely practices law in Gainesville and doesn’t payAlachua County taxes, he did say in an e-mail: “As acitizen, I am always concerned about transportinginmates across town to take them to court. I have hadseveral cases involving escape attempts and vehicularaccidents on such transports.”

• “We need some kind of new or expanded facility thatprovides not only more courtrooms, but largercourtrooms for the expanding dockets that the judgesare encountering.” - Robert Griscti, Attorney. He saysthat large dockets hinder conversation between clientsand their attorneys, but “a larger facility would overcomethat sort of problem. It really is needed because we havesuch a high case load...It’s probably less a problem forcivil, but it is a growing problem for criminal court.” Right

now the problems are not insurmountable, Griscti says,adding it is “probably an issue of budget, what funds arethere, but regardless of what funds there are, there is aneed, and hopefully the funds will follow.”

• “I don’t think they need it. If they’re going do it, it ought tobe a criminal annex out by the jail..That would solve alltheir problems.” Only the clerks and judges would beinconvenienced “because they would have to go outthere.”- Jim Clayton, Attorney.

• “We need more room in our courthouses.” “It’s certainlyclear that we need a new courthouse facility and thatthe county could provide better services to litigants.. .” -Jennifer Lester, Attorney. Asked her opinion of thecurrent plan to build an annex, she says, “I think it’s abad idea. You make life very inconvenient for peoplewho have business in the courthouse because you’regoing to split services. Things that take one trip wouldnow take two. It’s a stop-gap measure. They ought todo it once and do it right.”

• “I have no complaints with the way it is now. . .For civilmatters it’s fine the way it is.” - Barbara Cusumano,Attorney. Cusumano is aware of the problems facingthe criminal court, and she adds, “I support anythingthat makes the process smoother.”

• “I hate how this courthouse looks. It’s ugly.” Indeed, itlooks like a classic government-style building from thelate 70’s, early 80’s, and worse, there is “a lot of wastedspace.” - Gary Edinger, Attorney. Also, Edinger thinksthe clerk’s office needs to be bigger, and if we could beso fortunate to get a new courthouse, he says “I wouldlike to see that happen.” Of course, an annex is “not ahorrible idea,” although it has the potential to confuseout-of-town attorneys directed to the wrong building.(Then again, someone might purposely direct a lawyerto the wrong building.)

• Ben Hutson, Attorney – “Can you say he politely refusedto comment?”

• “Leave it at the present site (and make) modifications.”- Carl Schwait, Attorney.

• “Forget it! I don’t want to have any part of that.” - WilliamQuirk, Attorney.

• “I do not believe that the present courthouse can berenovated to a level which would be useful for the next20 years. The commission must look at long term needsand build a new courthouse which would have thelongevity necessary as to future needs.” - Beverly Graper,Attorney (via email).

Stephanie Casebeer is our newest contributor to the EJCBANewsletter and to the office of Hankin & Hankin. In keepingwith our Editor’s reputation, she was forced to write this articlejust days after returning from her honeymoon.

Page 8

A View from the Clerk’s Officeby Britney Pearson, Legal Assistant for the City Attorney’s Office,and Janice Stevens, Paralegal for the City Attorney’s Office

Special thanks to the Gainesville Area Chapter of theFederal Bar Association for sponsoring the CLE seminar,“A View from the Clerk’s Office”, held at the U.S. Courthousein March. Sharon Bruley, Resident Deputy-in-Charge, andU.S. Magistrate Judge, Gary R. Jones, were the twospeakers at the seminar, and they shared some usefulinformation with us.

Judge Jones discussed Local Rules for the U.S. DistrictCourt for the Northern District of Florida. Some particularrules he discussed concerned the filing of motions. Forexample, Rule 7.1(A) explains when to file, and when notto file, a memorandum of law with your motion. Amongothers, he discussed Rule 15.1, which says, when filing amotion to amend a pleading, the amended pleading mustaccompany the motion. These rules, along with publicaccess to the Northern District’s web site, should beavailable on the Internet around July 2000.

Ms. Bruley offered some important tips directed to legalassistants. She explained that it helps if we do not usestaples in our documents filed with her office. Instead,Clerks prefer two holes at the top with a fastener. Andremember to number the pages of your exhibits. She alsostressed the importance of following Rule 5.1(A)(3).

Except for forms provided by this court, all documentstendered for filing shall be double-spaced, if typewritten,and on plain white letter-sized (8-1/2" x 11") paper withapproximately 1-1/4" margins. The first page of everypleading or document filed with the court shall, however,allow approximately a 2" margin at the bottom of the pagewhere the clerk shall date stamp such pleading or documentfiled.

Ms. Bruley then introduced us to PACER, the PublicAccess to Court Electronic Records program. It is a quickand simple way to gain access to case dockets from FederalAppellate, District, and Bankruptcy courts, as well as theU.S. Party/Case Index. Currently, PACER can be directlydialed on days, nights, and weekends from your PC usingcommunication software. Even better, PACER will soonbe available through the Internet on PACER-Net sites. Formore information or a registration form, call the PACERService Center at (800) 676-6856. (There is no cost toregister, but the user fee is $.60 a minute).

Also available (only at the Clerk’s office, but accessibleto attorneys and staff) is a service called Webdock.Webdock allows the user to pull up and view a documentmaintained in the Clerk’s office. The document can besent for printing at a printer located in the Clerk’s office fora fee. This service may be available on the Internet by July2000.

Thanks again to the Gainesville Chapter of the FBA. Ilook forward to more insightful seminars, and to be honest,getting out of the office!

Public NoticeApplicants For Special Master

Opportunities now exist for appraisers and attorneyswho are licensed in the State of Florida, and meet thefollowing criteria to serve as Special Master on the 2000Alachua County Value Adjustment Board.

1. No applicant may be an appointed or elected official oremployee of Alachua County.

2. A special master shall be either a member of the FloridaBar and knowledgeable in the area of ad valoremtaxation or a designated member of a professionallyrecognized real estate appraisers’ organization and nothave less than five years experience in propertyvaluation.

3. Applicant need not be a resident of Alachua County.

4. Applicant may not represent a petitioner before theBoard during the tax year he or she serves as specialmaster.

The Alachua County Value Adjustment Board invitesqualified appraisers and attorneys to submit letters ofinterest, statement of qualifications and experience, andavailability for consideration to provide services stated.

For further information contact, Ms. Shirley A. Lane,Deputy Clerk/VAB, Clerk of the Circuit Court’s Office, 12Southeast First Street, Fourth Floor, Gainesville, Florida32601, Telephone (352) 374-3605.

Applicants should submit two (2) copies of allsubmission data by 5:00 P.M. on Friday, April 28, 2000 to:

J. K. “Buddy” Irby, ClerkValue Adjustment BoardP. O. Box 939Gainesville, FL 32602J. K. “Buddy” Irby, ClerkValue Adjustment Board

Page 9April 2000

Federal Bar AssociationHosts First Annual Dinner

by Robert GrisctiThe Gainesville Area Chapter of the

Federal Bar Association is pleased toannounce the first Annual Dinner of theChapter on Friday, April 28, 2000. Theevent will be at the Samuel P. HarnMuseum of Art in Gainesville, startingwith a reception at 6 pm, followed by thedinner.

The Honorable Charles R. Wilson, Judge, United StatesCourt of Appeals for the Eleventh Circuit, will be the speaker.Judge Wilson was the United States Attorney for the MiddleDistrict of Florida prior to his recent appointment to theEleventh Circuit. He also has served as a Magistrate Judgefor the Middle District.

Don’t miss this special event – the Chapter’s specialcelebration of a successful first year. Incoming PresidentStan Cushman and other new officers and members of theBoard of Directors will be introduced at the dinner.

Chapter members and interested non-members arewelcome to attend with their guests. The registration costis $37.50 per person. The event will be an excellent cateredbuffet by The White Apron, with a cash bar. Entertainmentwill be provided by “The Dave Hutchings Trio,” a local jazzband of accomplished musicians. The cost of theregistration includes the reception, dinner and two cashbar tickets.

The Gainesville Area Chapter is now 110 judge/lawyer/law faculty and student members strong. We welcomeyour membership and participation in the Chapter’s socialand educational programs.

Come to the Election of Officers andBoard of Directors at the

Annual Meetingof the Gainesville Area Chapter

Federal Bar Association

Thursday, April 13, 2000, 4 p.m.Jury Assembly Room, 2nd Floor

U.S. Courthouse and PO BuildingGainesville, Florida

To be elected: President-elect, Secretary,Treasurer, and Membership Chair (who also sitas members of the Board of Directors) and threeadditional members of the Board of Directors, bymajority vote of Chapter members. Nominationsmay be submitted before or at the Annual Meeting.

Chapter Members are encouraged to attend, voteand discuss Chapter business.

For further information contact President RobertGriscti at (352)375-4460 (fax 377-9573)

Federal Bar Association First Annual Dinner

Register me and guest(s) for the FIRST ANNUALDINNER, April 28, 2000, reception at 6pm, followed bydinner at 7pm.

Name(s)

_________________________________________

_________________________________________

_________________________________________

Firm:_____________________________________

Address:__________________________________

_________________________________________

_________________________________________

Phone:_____________________________________

$37.50 per person (includes two cash bar tickets),nonrefundable

Please RSVP by April 20, 2000

Please include check made payable to:“Gainesville Area Chapter, FBA”Cut out and send to:

Gainesville FBAP.O. Box 2361Gainesville FL 32602

April Bar Luncheonby Jennifer Lester

Do not miss this month’s barluncheon! Bob Butterworth is going togive his fascinating talk on title loansagain. No wait, breaking news, he can’tcome. We’ll have to get Judge Paul todiscuss jury nullification. Oh no, he can’tcome either. Who can we get?

Hmmmm, how about Billy Donovan?He knows a thing or two about how to rule the court. Yes,it’s true. April’s luncheon speaker is Billy Donovan, andhe’s not going to speak about tort reform. He’s going tospeak about BASKETBALL, and the Gator’s trip to theFINAL FOUR! Don’t miss it, April 14, 2000, 11:45 a.m. atthe Sovereign. Reserve your tickets early!

Page 10

Definition of the Month

GAZUMPING (g -z mp-ing). Slang. The impropersale of a house, usu. by raising the price afteraccepting an offer. • Gazumping can take differentforms, the usu. one being when a seller raisesthe price after accepting the buyer’s offer. But itmay also occur when a competing buyer makesa higher bid than the one already accepted, thusencouraging the seller to back out of the earliercontract.

Black’s Law Dictionary, Seventh Edition. WestGroup, 1999, p. 690.

EJCBA FAMILY PICNICMAY 6, 2000, at Kingsley Lake,Camp Blanding’s Officers Club

Enjoy the afternoon on the lake -Bring your water craft - launching facilities

available ($5 fee)

Hamburgers, Hotdogs, Coleslaw, Baked Beans,Tea, Ice cream/Sundae Bar will be served

from 5:00 - 6:00 p.m.

Cost is $7.00 for dinner and $1.50 for dessert

For more details and R.S.V.P. contact:

Judge Green (904) 964-6491Phyllis Rosier (904) 964-4701Mark Fraser (352) 372-8401

Calendar of Events04/12/00 Probate Section Meeting04/13/00 G’ville Area Chapter of the Federal Bar

Association Meeting04/14/00 EJCBA Luncheon04/18/00 YLD Meeting04/18/00 GAP’s General Business Meeting04/21/00 G’ville Workers’ Comp. Claimants’ Lawyers

Assoc.meeting04/26/00 Family Law Section meeting04/28/00 G’ville Area Chapter of the Federal Bar

Association Dinner05/05/00 Golf Tournament05/06/00 Family Picnic Day05/16/00 Election of GAP officers05/18/00 Courthouse tours05/21/00 Law Fair06/20/00 GAP’s Annual Banquet/Dinner

YLD Newsby J. Andrew Fine

Now that the YLD has finished doingstuff for others through our Holiday inJanuary philanthropy, we will be attendingto ourselves in the next couple of months.To that end, we will be holding (or will haveheld by the time this is printed) our annualmembership drive / party at CJ’s. We havereceived a number of RSVP’s from new

recruits, and have strictly prohibited any form of legaldiscourse. Therefore, I will once again use my highlyadvanced prognosticative abilities to predict that the partywill be (or was) a great success.

But what if you, the young lawyer1 reading this, missedthe party? Don’t worry -- you can still drink free on us. Ournext meeting is April 18, 2000 at 5:30 p.m. at the Crazy Burro.You won’t get any free stuff, but you will find out the locationof our super-secret happy hour where we will pick up the tab.We will also have referral forms available for YLD memberswho would like to take advantage of our insanely lucrativereferral system.

The YLD has other projects in the works as well. We arearranging volunteers to lecture at Santa Fe CommunityCollege on various legal topics. Lectures begin in late April,and are held every Tuesday from 7:15 - 8:45 pm. Slots arestill available, so if you would like to participate, call ThomWhite at 352/372-9593.

We are also looking into helping local high schoolsdevelop trial teams for the Florida Bar’s annual competition.Currently, only Eastside High has a team, which is fairlypathetic for a town with a law school. We would like to forma Gainesville team that would challenge the godless verminfrom South Florida who routinely sweep the competition. CallAndy Fine at 352/373-8000 for more info.

Also, if you were at the last EJCBA luncheon, you mayrecall Edith Osman remarking that the state YLD has notissued an opinion on the issue of the day: the multi-disciplinaryfirm. Never a group to withhold our opinion, we plan to issuea formal statement on this subject after our next meeting.Unfortunately, all we have to base our statement on is a densetreatise from the Florida Bar and our own uninformed opinions.For example, I have personally been told that multi-disciplinaryfirms will usher in an era of congressional, rather than judicialoversight of lawyers. Given the recent actions of statelegislators (such as the attempt to establish a “Commissionerof BBQ”), I’d rather that those slack-jawed yokels inTallahassee not have anything to do with the regulation ofthe practice of law. But maybe my fears are unfounded? Thepoint is this: We are woefully uninformed. Therefore, if youknow anything about this subject, we would love to hear fromyou. If you’d like to enlighten us, please call Mark Frasier at352/372-8401.

Finally, we are pleased to announce that Bonita Younghas been elected our official representative to the YLD Boardof Governors. Although she was running virtually unopposed,if you see her, you should still congratulate her on her crushingvictory.

Thanks to everyone who donated money to the Holidaysin January. Look for pictures from the event in the next FloridaBar News and the “Neighbors” section of The Gainesville Sun.

1 A “Young Lawyer” is a lawyer who is under 35 or hasbeen practicing for less than 5 years.

Page 11April 2000

GAP’s Upcoming EventsApril 18, 2000 at 12:30 p.m.General Business MeetingHarry’s Seafood Bar and Grille

May 16, 2000 at 12:30 p.m.Election of 2000-2001 OfficersSzechuan Panda Restaurant

June 20, 2000 at 6:00 p.m.Annual Banquet/DinnerLocation: Undetermined

CLA Review Course

Instructor: Pamela Linquist, CLA4 Saturday sessions at City CollegeAugust 5, 12, 19, 26, 200010:00 a.m. – 4:00 p.m. each session(2 – 15 min. breaks 1 – 30 min. lunch)For more information contact Pamela Craig, CLA

at (352) 372-9999

CLA Exam Deadlines And Exam Dates

Filing Deadline Exam DateMay 15, 2000 July 21-22, 2000October 1, 2000 December 1-2, 2000

Job Bank

Call our Job Bank number to locate highlyqualified paralegals or paralegal positions. GAP isproud to be a member of the finest legal communitiesin Florida and is eager to contribute its talents. Pleasecall Theresa Becks, CLA at (352) 491-5106.

1999-2000 Gap Officers

President Pamela S. Craig, CLAVice-President Barbara BarlowSecretary Michelle BoatrightTreasurer Lisa “Nan” Mack, CLAParliamentarian Tony AlvarezNALA Liaison Pam Perry

Letter of the Month

March Bar Luncheon: EJCBA OfficersLeft to right: Scott Krueger,

Edith Osman, Frank Maloney, Jennifer Lesterand Bennett Hutson.

Websites of Interest to Lawyers:

Legal.Nethttp://www.legal.net

Legal.Comhttp://www.legal.com

Lawoffice.Comhttp://www.lawoffice.com

Lawyers.Comhttp://www.lawyers.com

Eighth Judicial Circuit Bar Association, Inc.Post Office Box 127Gainesville, FL 32602-0127

Non-ProfitOrganizationU.S. Postage

PaidGainesville, FLPermit No. 179

attendees. Ben requested $100 to cover expenses forthis workshop. Seconded. Approved.

Pan Zettler reported that the Judges are stillenthusiastic about the “Lunch with a Judge” Program.Discussion was held on how to increase attorneyparticipation. It was decided to have four lunches a year(one per specialty, one per quarter). All the Judges forthat area would be invited to that lunch. The following Boardmembers volunteered to help increase attorney attendanceat these lunches: Jill Greaves - Family, Rick Parker -Criminal, Ray Brady/Jennifer Lester - Civil, Pan Zettler -Probate.

There was discussion on Judicial Relations andJudicial Robing. It was moved that EJCBA participate inany judicial ceremony that they sponsor. Seconded.Approved.

Scott Krueger reported that the Judicial Poll was a“cookie cutter” event in that all items are in place; however,the expense of tabulation has sky rocketed. This issuewas tabled until next meeting.

Brenda Chambliss has been working to build relationswith the Law School. She proposed having a symposiumof female practicing attorneys who would discuss andspeak about things unique to being a female attorney; i.e.balancing career and family. This is being proposed to beheld in April. There are an estimated 40-50% populationof female students at the Law School this year. MarcieLockhart suggested that we recognize several women fortheir Pro Bono work at this event. It was suggested that itmight be better as part of the Professionalism Seminar.Marcie will give Ray Brady the information.

Jennifer Lester reported on Publicity for Dan Glassman,chairperson. Dan requests that attorneys give him any “goodnews” items. He is trying to get the Guardian Ad Litem Auctionevent on TV 20’s “Making Good News,” plus articles on thisfor the Gainesville Sun and the Florida Bar Journal.

A nomination committee is being formed to takeapplications from those attorneys wishing to serve on theBoard of Directors for the 2000-2001 year. The Committeewill consist of Frank Maloney, Jennifer Lester, Ben Hutson,plus 2 Board members at large, plus 2 general membersat large. Jennifer will have applications available at thenext Bar luncheon. Anyone currently on the Board shouldnotify Jennifer if they would like to continue to be on theBoard. Also notify Jennifer if you do not wish to serve onnext year’s Board, so that the committee will know howmany vacancies there will be. This Committee will needto meet before March 1st.

Frank Maloney reported that Judge Green’s son willbe presenting two mediation workshops in March. He isnot looking to do this in conjunction with the Bar but iswilling to give EJCBA members a discount.

The Alachua County Courthouse is being renovated.Kathy Janous picked up several plaques which were onthe wall there. They will be housed in the EJCBA mainoffice temporarily.

Scott Krueger gave the Treasurer’s report. Hereviewed several items and is concerned aboutexpenditures exceeding budget, and in particular,newsletter expenses. He also reviewed the process forbeing reimbursed for expenses. There is a form whichshould be completed and approved for all expenses. Healso mentioned that expenditures need Board approval.He noted the Board adopted a policy when he first becameTreasurer where the Treasurer could disburse fundswithout prior Board approval for nonrecurring expenses$100 and for budgeted recurring expenses. Ultimatelythe Board approves the expenditure when it approves theTreasurer’s report (which includes a detailed list ofexpenditures).

The meeting adjourned at 7:15 p.m.

Board Meeting Minutes (continued from page 4)